These terms and conditions (‘Terms’) apply to all advertising services provided to any person, company or other legal entity (‘Customer’) by Retirement South Africa. The terms “Advertising”, “Advertiser” and “Customer” below includes a reference to any display advertising, promotions and any paid or free listings posted on Retirement South Africa website, as well as to any free trials or other transactions or promotions from time to time where no monetary payment is involved (notwithstanding the reference to a binding contract in clause 2.1). “Advertising Services” includes the publication of any promotional material on any website, blog, email newsletter, messaging, chat bot, social media or other digital or non-digital communications managed directly by Retirement South Africa.
1. Publication of Advertising
1.1 – Subject to these Terms, Retirement South Africa will use its reasonable endeavours to publish advertising submitted by Customers (‘Advertising’) in the format submitted by the Customer and in accordance with the placement instructions of the Customer, provided that it meets the advertising specifications required by Retirement South Africa .
1.2 – Notwithstanding 1.1 above, Retirement South Africa reserves the right to vary the placement under clause 3.1 if or as necessary, and will make all endeavours to offer reasonable alternatives with equivalent value exposure, and reserves the right to withdraw the advertising in accordance with clause 2.3 below.
2. Right to Refuse or Withdraw Advertising
2.1 – Neither these Terms nor any written or verbal quotation by Retirement South Africa represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between Retirement South Africa and a Customer when Retirement South Africa accepts Advertising in writing or generates an invoice for that Advertising.
2.2 – Notwithstanding 2.1 above, these terms and conditions still apply to free listings or other transactions or agreements involving the publication of promotional material on behalf of third parties without monetary consideration, as set out in clause 5.2 below. This is still within the definition of the terms “Advertising”, “Advertisers” and “Customers” covered by these terms and conditions.
2.3 – Whether or not a contract has been formed in accordance with clause 2.1, Retirement South Africa reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by Retirement South Africa ).
2.4 – Specifically, in relation to the publication of any listings activated or approved by the customer, Retirement South Africa reserves the right to refuse, deactivate or remove any listings at its discretion, at any time, without advance notice. In this regard, customers are expected to observe:
2.4.1 – reasonable use practices, which may be determined in consultation with a Retirement South Africa manager if necessary; and
2.4.2 – any legal requirements relevant to the management of their listing accounts, (including but not limited to spam laws and false advertising) noting the warranty provided under Clause 4.1 below.
3. Right to Vary Format and Placement
3.1 – Retirement South Africa reserves the right to vary the format or placement of Advertising within the websites and/or other digital communications in accordance with clause 1.2 above.
3.2 – Any display advertising and property feature spots may rotate in shared space at the discretion of Retirement South Africa unless the Customer has specifically purchased a designated “exclusive sponsorship” position as confirmed in the booking form and invoice. In the case of “exclusive sponsorship” positions, Retirement South Africa will make every reasonable endeavour to accommodate the booking but reserves the right to vary the placement or withdraw the advertising in accordance with clauses 1.2, 2.3 and 3.1 above.
3.3 – Retirement South Africa will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from a failure by Retirement South Africa to publish Advertising in accordance with a Customer’s request.
4. Submission of Advertising
4.1 – By submitting Advertising for publication, the Customer warrants to Retirement South Africa that the Advertising does not breach or infringe:
a. any laws of the Republic of South Africa;
b. anti-discrimination legislation;
c. any copyright, trade mark or obligation of confidentiality;
d. any law of defamation or obscenity;
e. any law of contempt of any court;
f. the Protection of Personal Information Act,; and
g. any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Republic of South Africa).
4.2 – Retirement South Africa will not be responsible for any loss or damage to Advertising material submitted by a Customer (even if caused by Retirement South Africa ’s negligence).
5. Website Advertising
5.1 – All website Advertising must comply with advertising specifications issued by Retirement South Africa , available on request.
5.2 – Acceptance and publication of any Advertising by Retirement South Africa is subject to acceptance of these terms and conditions (not withstanding the absence of a monetary transaction or a formal legally binding contract in the case of the publication of free listings or other promotional material) and may be subject to policies and conditions imposed by Retirement South Africa from time to time at its discretion.
5.2 (a) This includes but is not limited to the general requirement that Customers advertising retirement property and aged care or other related services must first have an active listing account on a Retirement South Africa managed website before being eligible to book a separate feature ad spot or similar supplementary advertisement or other promotional or marketing activity with Retirement South Africa . Where applicable, the relevant listing account must remain active for the term of any contingent supplementary advertising booking, noting Clause 9.3 below.
5.2 (b) Free listings are available only to government subsidized old age homes and similar like retirement places. Commercial advertisers or operators are not eligible for free listings, and any such unauthorized listings will be deleted.
5.2 (c) Notwithstanding Clause 5.2 (a) above, for the purpose of clarification, Retirement South Africa reserves the right to accept and publish Advertising by any other Customers at its discretion and subject to these Advertising Terms and Conditions.
5.3 – Subject to clause 10, Retirement South Africa is not liable for any loss, damages or liabilities arising from a failure of the World Wide Web, Google, Facebook, Messenger or any other internet or 3 rd party internet platforms and telecommunications structures and channels.
5.4 – The Customer acknowledges that Retirement South Africa may at its discretion:
a. display the customer’s advertisement in feature ad spots on the websites, or in email newsletters, email alerts, e-brochures, messaging, social media networks, related and/or third party websites, blogs, mobile apps, and in various other types of marketing and communications activity (digital and otherwise) promoting Retirement South Africa and the website content;
b. include additional features or inclusions such as third party advertisements within website advertising.
5.5 – If the customer wishes to extend the term of a display advertisement booking in a specific spot, Retirement South Africa must receive at least 30 days notice prior to the expiry date in order to secure the ongoing occupation of that ad spot. Without this advance notice from the advertiser, in the 30 days prior to the expiry date, Retirement South Africa is free to offer the spot to other advertisers.
6.1 – The Customer must promptly review the ‘live’ advertisement or proofs of advertising (as applicable) and notify Retirement South Africa of any errors, where Retirement South Africa has uploaded advertising material.
6.2 (1) – The Customer accepts full responsibility for uploading, updating and maintaining their listings and other account information to ensure current and accurate information is displayed and published at all times on the Retirement South Africa website and in email newsletters, email alerts, e-brochures, messaging, social media networks, related and/or third party websites, blogs, mobile apps, and in various other types of marketing and communications activity (digital and otherwise) promoting Retirement South Africa and the website content.
6.2 (2) – The Customer accepts full responsibility for content accuracy [see para 6.2 (1) above] even if information is supplied or uploaded by any third parties who may update their account, listings or advertisements on their behalf, including any assistance with this function which may be provided by Retirement South Africa staff from time to time.
6.3 – If a listing is nominated as the subject for a feature ad but it expires or is removed or amended and affects the display of the feature ad, then it is the Customer’s responsibility to notify Retirement South Africa and nominate an alternative listing if applicable.
6.4 – Any Customer request for credit, re-publication or any other remedy in respect of Advertising, must be sent in writing to Retirement South Africa no later than 30 days after the date of publication of the Advertising.
6.5 – Retirement South Africa will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays).
7. Advertising Rates and Taxes
7.1 – Advertising rates may be varied at any time by Retirement South Africa without prior notice.
7.2 – Unless specified as inclusive, rates are exclusive of taxes, duties or VAT (‘taxes’).
7.3 – Unless designated as “exclusive sponsorship” rates for display advertising or property feature spots, rates apply to positions which may rotate with other advertisers at the discretion of Retirement South Africa .
7.4 – Retirement South Africa will provide Customers with an invoice in a compliant form for VAT purposes.
8. Payment terms
8.1 – The Customer must pay for Advertising:
a. by pre-payment;
b. if on account, within 7 days after the date of the invoice; or
c. if by monthly payments, in advance by midnight on the due date.
8.2 – If payment is not received in accordance with the payment terms, Retirement South Africa reserves the right at its discretion to immediately temporarily suspend the customer’s advertising until all overdue payments are received in full.
8.3 – Once full payment is received after a period of suspension, Retirement South Africa will usually extend the expiry date, or if this is not available, endeavour to offer other reasonable arrangements or credit to ensure the customer receives the full benefit of the advertising term.
8.4 – If a payment remains overdue for more than 30 days Retirement South Africa reserves the right at its discretion to permanently cease the customer’s advertising after a period of temporary suspension and reasonable efforts to obtain payment.
8.5 – Any such action in relation to overdue payments is at the discretion of Retirement South Africa and subject to these terms, particularly noting but not limited to clause 2.2 above.
8.6 – Where an advertiser decides to terminate a month-to-month subscription, the account will remain active until the expiry of the month already paid for (“the expiry date”). The advertiser may choose to deactivate their listing/s or other advertising activity before the expiry date but is not entitled to a refund or credit, in accordance with the refund policy below in clause 9.
9.1 – The Customer is not entitled to a refund or credit because a property or service is sold, rented, withdrawn or no longer available for any other reason prior to the expiry date of the advertising term.
9.2 – The Customer is not entitled to a refund or credit if an advertisement for a property, products or services is withdrawn by the Customer prior to the expiry date of the advertising term.
9.3 – The Customer is not entitled to any refund or credit if their multi-listing account or single listing account expires prior to the expiry date of a separate feature ad spot or other advertisement booked by the Customer, and the two are contingent, in accordance with Clauses 5.2 and 6.3 above.
9.4 – Retirement South Africa may at its discretion consider a partial refund or credit in extenuating circumstances upon request, but reserves the right to refuse any refund or credit (whether partial or in full) where an advertisement is withdrawn by the Customer or upon the Customer’s direction.
10.1 – The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Retirement South Africa in connection with the Advertising.
10.2 – Retirement South Africa excludes all implied conditions and warranties from these Terms, except any condition or warranty which cannot by law be excluded (‘Non-excludable Condition’).
10.3 – Retirement South Africa limits its liability:
a. for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
b. for any other error or omission in published Advertising caused by Retirement South Africa , to (at Retirement South Africa ‘s option) re-supply of the Advertising services affected by the breach, or payment of the cost of re-supply.
10.4 – Subject to clauses 10.2 and 10.3, Retirement South Africa excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with these Terms and any Advertising published by Retirement South Africa , whether that liability arises in contract, tort (including by Retirement South Africa ‘s negligence) or under statute. Without limitation, Retirement South Africa will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
10.5 – The Customer indemnifies Retirement South Africa and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer’s breach of these Terms or any negligent or unlawful or other act or omission of the Customer in connection with the Advertising.
10.6 – The Customer accepts complete responsibility and all liability for the content of the advertisement, including the accuracy of the information provided and asserts the legitimate authority to use the information (including photographs, images and logos) for advertising purposes. The Customer warrants that the information provided is true, accurate and legitimate, and indemnifies Retirement South Africa against any claims by third parties in connection with the Advertising.
10.7 – The Customer acknowledges that Retirement South Africa accepts advertising material in good faith in the honest belief that it is true and accurate in the absence of any notification to the contrary. It is not practicable to investigate or test the accuracy and veracity of material submitted for advertising purposes, nor is it incumbent on Retirement South Africa to do so, but Retirement South Africa reserves the right to remove an advertisement without notice in response to a complaint or allegation, in accordance with clause 2.2 above.
10.8 – Without limitation, Retirement South Africa will in no circumstances be liable for any unauthorized use or reproduction of the advertisement or aspects of the advertisement (including images) by third parties.
11.1 – Retirement South Africa collects a Customer’s personal information to provide the Advertising services to the Customer and for invoicing purposes. Retirement South Africa may disclose this personal information to credit reporting agencies and other third parties as part of provision of the Advertising. Where a Customer has an overdue account, Retirement South Africa may disclose personal information to debt collection agencies to recover the amount due.
12.1 – These Terms represent the entire agreement of the Customer and Retirement South Africa in relation to Advertising and cannot be varied except in writing by an authorised officer of Retirement South Africa . No purchase order or other document issued by the Customer will vary these Terms.
12.2 – Retirement South Africa will not be liable for any delay or failure to publish, amend or remove Advertising caused by a factor outside the reasonable control of Retirement South Africa (including but not limited to any Act of God, war, breakdown of equipment, disruption or failure of internet services, industrial dispute, electricity or telecommunications failure, governmental or legal restraint, lack of direct control over third party managed websites, search engines or social media sites and other digital tools and publications).
12.3 – These Terms are governed by the laws of South Africa and each party submits to the non-exclusive jurisdiction of the courts of South Africa.
12.4 – Retirement South Africa can be contacted by email firstname.lastname@example.org; phone 083 251 9067; mail to PO Box 7279, Modimolle, Limpopo, 0510